Legal Question in Family Law in Florida

Back in December 2013 / January 2014 I was working freelance, practically homeless living out of a motel. With what I made, I was barely able to pay my rent, and provide my oldest two children Alexander (13) and Victoria (11) with $200.00 a month based on an arrangement through myself and my separated wife who receives Medicaid & food stamps for our two kids. The State, without her consent or acknowledgement, filed a child support case against me, regardless of the fact that I am an active part of their lives and was contributing money to them both. The State, in fact, doubled the amount to 400.00 dollars a month, and quote the magistrate who was representing the State, "You need to do something..." No remorse what so ever, and certainly no care that I was doing my best as a father. I managed to find myself better employment,and ultimately a rental home I now currently reside in Okeechobee County. I commute to Palm Beach everyday. I began to pay my support thru in person visits/internet. This began in February. Around mid May, without any prior warning, I was called to the office manager's attention. The State had sent her papers stating they were going to begin garnishing my check weekly for the child support. Needless to say, on a very tightly balanced budget, this threw my finances in a loop. I had no choice but to comply.

In the here and now, my other 2 girls, twins, Starla and Emma who will be 2 on the 31st are also on Medicaid/public assistance. They reside with their mother, who doesnt work. I provide their diapers, clothes, toys, etc. I have them all in my home 4-5 days weekly, although the mother lives separate from me. Once again, without any choice or acknowledgement from the mother, the State has recently served me with another Child Support proceeding.

My rate of pay is 15.00 per hour working a 40 hour week. After taxes (I do not claim any of the 4 children) my paychecks hover around 500.00...after the State takes out the Child Support, I'm left bare bones, struggling just to get to work and provide shelter for myself. I have to work at least 12 to 14 hours overtime when its availble just to make ends meet, ontop of sharing quality time with my children.

I am requesting consultation with you as per my options, because in my eyes, the State is overstepping its bounds with regard to this scenario. I feel its defer-mating my person entirely by not acknowledging I have provided for my children and have been active in all their lives. Further, the fact that both mothers had no choice in the matter but to comply to keep their medical insurance/assistance is almost dictorial. No where in the public assistance application does it state we will take away your freedom of choice and regardless of previously made commitments/obligations. Neither one filed a child support case...the State took it upon itself to do it. To hang a child's medical benefit over their heads seems almost criminal. I feel because they are on public assitance, I have to foot their bill. Indeed, the twins birthing fee, has to be paid first before the mother even sees any money from the State imposed child support. This certainly is not fair, it seems very unconstitutional.


Asked on 8/19/14, 10:18 am

1 Answer from Attorneys

John Smitten Carey and Leisure

You have a lot to discuss so set a free consultation with a lawyer

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

[email protected]

www.careyandleisure.com

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Answered on 8/19/14, 10:55 am


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